In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Growing Gideon: Improving Indigent Defense in Juab County

Created in 2016, the
Utah Indigent Defense Commission (IDC) works to protect constitutionally
guaranteed liberties through ongoing support for the provision of effective
indigent defense services throughout the state.
In 2017, Juab County was the first recipient of an IDC grant award to
make structural improvements to indigent defense services through a partnership
with state and local stakeholders. The
focus of this report is the structural improvements made to indigent defense
services in Juab County as a result of this partnership.

Key Takeaway

Through a commitment
to quality public defense, Juab County has seen measured improvements to its
indigent defense system. Improvements
include an increase in the indigent defense budget, allocating funds for defense
resources such as investigators and appeals, contracting with qualified and
specialized defense attorneys, and providing independent oversight and
monitoring outside of the prosecution or judiciary. Additionally, the IDC grant model first
implemented in Juab County has led to one of Utah’s first regionalized indigent
defense models under the leadership of Utah County Public Defender’s Office
(UTCPD).

Key Facts

86%
increase to the indigent defense budget.

$67,000
allocation specifically for defense resources.

Independent
oversight and monitoring, including tracking appointed cases.

12%
increase in appointment at initial appearance.

5 – 10%
increase in bail modifications.

8%
increase in days spent on indigent defense cases by attorneys.

Independent
administration of the indigent defense budget, outside of the prosecution or
judiciary.

In 2017,
the total budget for indigent defense in Juab County increased by approximately
86% ($116,230) to provide comprehensive indigent defense services including
funds for an increase in the number of defense attorneys and appropriate
compensation for those attorneys. In
addition to increasing the overall budget for indigent defense, money was
allocated specifically for defense resources and other expenses (e.g.
transcripts, appeals, translators, etc.)
The total budget for defense resources increased by approximately 148%
($40,000).

There
has been a decrease in the number of instances in which a prosecutor appears at
a court appearance but no defense attorney appears, indicating that defense
attorneys are appearing in court more often to represent their clients. This corresponds to an approximate 26% increase
in the number of cases in which defense counsel appeared at arraignment,
sentencing, or both. Defense counsel is
also spending more consecutive days on a case, with an 8% increase in the
longest period of the same attorney appearing on a case.

By the
end of March 2017 (only three months into the grant) authorization had been
given to use the designated appellate budget for an appeal on at least two
cases. At the end of November 2017,
there were five appeals utilizing this budget in Juab County (a 150% increase
over the previous year).

Good
public defense begins with good public defenders – meaning those maintaining
active bar licenses, in good standing with the Utah State Bar, and with a
wealth of experience and qualifications.
With the increase in budget provided by the IDC grant, Juab County was
able to contract with defense attorneys who meet and exceed these
criteria. The Juab County Attorney’s
office has continually emphasized how these attorneys are “vigorously defending
cases.”

While still a system in progress, the Juab County Attorney’s office believes that there “has been a significant and dramatic improvement in the quality of representation indigent defendants are receiving.” As a result, Juab County and the IDC have committed to a partnership through December 2020 to continue indigent defense improvements. These improvements include separate funds for travel and defense attorney training, a full-time social worker, a full-time administrative assistant, and an annual cost-of-living adjustment (COLA) for defense attorneys.